Recent Developments in Employment Law - Case Review-Recent Developments in Employment Law

Video Transcription

Video Summary

The presenters, Chris Royer and Dave Truman of Employment Law Partners, reviewed major employment-law decisions from the past year, focusing on U.S. Supreme Court, Ohio Supreme Court, Sixth Circuit, and Ohio appellate cases.

Key Supreme Court decisions included <strong>Muldrow v. City of St. Louis</strong>, which lowered the bar for proving an adverse employment action under Title VII by holding that a discriminatory transfer need only cause some harm to a term or condition of employment, not “significant” harm. <strong>EMD Sales v. Carrera</strong> held that employers must prove FLSA exemption claims by a <strong>preponderance of the evidence</strong>, not clear and convincing evidence. Two arbitration cases, <strong>Smith v. Spizzirri</strong> and <strong>Waetzig v. Halliburton</strong>, clarified procedural rules: courts should <strong>stay</strong>, not dismiss, cases subject to arbitration, and a Rule 41(a) dismissal without prejudice can be reopened under Rule 60(b).

The Ohio Supreme Court held in a libel case that the <strong>discovery rule</strong> can apply when defamatory publication is secretive or inherently unknowable, allowing suit even after the normal one-year limitations period.

On FMLA and ADA issues, the Sixth Circuit addressed attendance policies, family-care leave, domestic partners, disability definitions, direct-threat defenses, and reasonable accommodation requests. Cases included <strong>Crispell</strong>, <strong>Chapman</strong>, <strong>Mahoney-Offey</strong>, <strong>Simon</strong>, <strong>Smith v. Newport Utilities</strong>, <strong>Woody</strong>, <strong>Smith v. Shelby County</strong>, <strong>Andrews</strong>, and <strong>Root</strong>.

Other important cases covered age, race, and sex discrimination; harassment; retaliation; public-employee First Amendment claims; arbitration enforceability; statute-of-limitations issues under Ohio’s civil-recourse statute; non-compete enforcement; and tuition reimbursement/training repayment agreements, where a court prorated repayment based on the employer’s actual benefit.

Overall, the presenters emphasized practical litigation lessons, especially around accommodation requests, arbitration agreements, comparator evidence, and restrictive covenants.

Keywords

employment law

Supreme Court decisions

Title VII

FLSA exemption

arbitration rules

Ohio Supreme Court

FMLA and ADA

discrimination claims

retaliation cases

non-compete enforcement